United States District Court, E.D. Missouri, Southeastern Division
MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, JR., UNITED STATES DISTRICT JUDGE
matter comes before the Court on plaintiff Annie Lee
Oliver's motion to proceed in forma pauperis. After
review of plaintiff s financial information, the Court will
grant plaintiffs motion. However, for the reasons discussed
below, the Court will provide plaintiff thirty (30) days in
which to demonstrate that she is the real party in interest
and to file an amended complaint.
Anne Oliver states that she is bringing this action on behalf
of her deceased brother, Michael Benford, who was a pretrial
detainee at the Pemiscot County Jail in May 2017. She seeks
to bring this action as Mr. Benford's personal
representative pursuant to 42 U.S.C. § 1983 alleging
violations of his civil rights during his detention, as well
as a wrongful death claim. Specifically, plaintiff Oliver
states that Michael Benford was denied his "potassium
medication" and "other crucial medical
treatments" by defendants at Pemiscot County Jail for
weeks while he was awaiting trial, and he died in
defendants' custody as a result.
has named Tommy Greenwell, Pemiscot County, Pemiscot County
and John Does 1-10 as defendants in this action. She names
defendant Greenwell in his individual and official
capacities. However, plaintiff has not indicated which of the
defendants specifically denied Mr. Benford his medicine or
proper medical care or on which specific dates he was denied
issue in this case is whether Ms. Annie Lee Oliver is the
real party in interest, pursuant to Federal Rule of Civil
Procedure 17(a), such that she is able to bring this action
on behalf of her deceased brother, Michael Benford. Rule
17(a) provides that an "action must be prosecuted in the
name of the real party in interest." Fed.R.Civ.P.
17(a)(1). 1041, 1045 (8th Cir. 2003). See also
Cascades Dev. of Minnesota, LLC v. Nat'l Specialty
Ins., 675 F.3d 1095, 1098 (8th Cir. 2012).
purpose of Rule 17(a) "is simply to protect the
defendant against a subsequent action by the party actually
entitled to recover, and to insure generally that the
judgment will have its proper effect as res judicata."
Curtis Lumber Co., Inc. v. Louisiana Pac. Corp., 618
F.3d 762, 771 (8th Cir. 2010). As such, the party
bringing an action must actually possess, under the
substantive law, the right sought to be enforced. United
HealthCare Corp. v. American Trade Ins. Co., Ltd., 88
F.3d 563, 569 (8th Cir. 1996).
provides that the following persons may sue in their own
names without joining the person for whose benefit the action
(A) an executor;
(B) an administrator;
(C) a guardian:
(D) a bailee;
(E) a trustee of an express ...